BILL NUMBER: AB 1366	CHAPTERED  09/11/00

	CHAPTER   376
	FILED WITH SECRETARY OF STATE   SEPTEMBER 11, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 8, 2000
	PASSED THE ASSEMBLY   AUGUST 25, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 26, 2000
	AMENDED IN ASSEMBLY   MAY 27, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   APRIL 13, 1999

INTRODUCED BY   Assembly Member Steinberg
   (Coauthor:  Senator Johnston)

                        FEBRUARY 26, 1999

   An act relating to school facilities, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1366, Steinberg.  School facilities.
   Existing law requires that the sale of real property belonging to
a school district deemed to be surplus property be in accordance with
specified priorities and procedures, including, among other things,
that the property must first be offered for sale to a school
district, community college district, college or university, county
superintendent of schools, county, city, public agency, private
nontax exempt agency, private tax exempt agency, and others, as
specified.  Existing law requires that any agency of the state and
any local agency disposing of surplus land send a written offer to
sell or lease the property for the purpose of low- and
moderate-income housing and for park or recreational purposes, as
specified.  Existing law requires that if a general plan or part of a
general plan has been adopted by a legislative body, no public real
property may be disposed of until the planning agency has reported as
to the conformity of the disposition with the general plan, as
specified.
   This bill would exempt the sale of certain real property, commonly
known as 520 Capitol Mall, Sacramento, California, by the Sacramento
City Unified School District, from these provisions and would set
forth the provisions by which the property is to be sold.
   This bill would make certain findings and declarations regarding
the inapplicability of a general statute within the meaning of
Section 16 of Article IV of the California Constitution.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Notwithstanding any law to the contrary, the sale of
certain real property, commonly known as 520 Capitol Mall,
Sacramento, California, by the Sacramento City Unified School
District shall be subject solely to the provisions set forth in this
act and shall not be subject to the provisions of Article 2
(commencing with Section 17230) of Chapter 1 of Part 10.5 of the
Education Code, Chapter 4 (commencing with Section 17385) of Part
10.5 of the Education Code, Article 8 (commencing with Section 54220)
of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government
Code, or Article 7 (commencing with Section 65400) of Chapter 3 of
Division 1 of Title 7 of the Government Code.
  SEC. 2.  The sale of real property, commonly known as 520 Capitol
Mall, Sacramento, California, shall be subject to all of the
following procedures:
   (a) The Sacramento City Unified School District has solicited
offerings in accordance with all of the following:
   (1) The notice of the property being offered was published in a
newspaper of general circulation published in the county in which the
district is situated.
   (2) A comprehensive offering memorandum and marketing analysis
setting forth terms for offers was sent to all respondents as well as
targeted potential buyers.
   (3) On May 19, 2000, offers were received.
   (4) On May 19, 2000, the bids were opened and a highest bidder
meeting the terms of the offer was designated.
   (b) Before ordering the sale of 520 Capitol Mall, Sacramento,
California property to the person or entity designated as the highest
bidder by subdivision (a), the governing board of the Sacramento
City Unified School District, in a regular open meeting, by a
two-thirds vote of its members, shall adopt a resolution declaring
its intention to sell 520 Capitol Mall, Sacramento, California.  The
resolution shall describe the property proposed to be sold in such a
manner as to identify it, the activities and procedures to solicit
offers set forth in subdivision (a), and shall specify the minimum
price and the terms upon which it shall be sold and the commission,
or rate thereof, if any, which the board will pay to a licensed real
estate broker out of the proceeds.  The resolution shall fix a time
and place for the receipt of any additional written offers and shall
set a time not less than three weeks thereafter for a public meeting
of the governing board to be held at its regular place of meeting, at
which the superintendent of the Sacramento City Unified School
District shall make all of the offers public and shall recommend to
the governing board acceptance of the highest offer.
   (c) The Sacramento City Unified School District shall comply with
Section 17469 of the Education Code for public notice and posting of
the adoption of the resolution.
   (d) The governing board of the Sacramento City Unified School
District at the time and place designated in the resolution described
in subdivision (b) shall accept the highest offer as recommended by
the superintendent or reject all offers.  The final acceptance of the
highest offer or rejection of all of the offers may be made at any
adjourned session of the same meeting within the 10 days next
following.
  SEC. 3.  The Legislature finds and declares that because of a
unique situation existing in the Sacramento Area regarding the sale
of real property, commonly known as 520 Capitol Mall, Sacramento,
California, by the Sacramento City Unified School District, a general
law, within the meaning of Section 16 of Article IV of the
California Constitution, cannot be made applicable.
  SEC. 4.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to avoid an extended transition period into new
facilities that would impair the Sacramento City Unified School
District's ability to safely operate its schools, it is necessary
that this act take effect immediately.
